Defendant's Attorney: Tracy M. Hayes

Description: Kansas city, Missouri personal injury lawyer represented the Plaintiff who sued the Defendants on auto negligence theories claiming to have suffered more than $75,000 in damages and/or injuries as a direct result of a car wreck caused by Stoskopf.

This case was filed in the Circuit Court of Jackson County, Missouri, 2316-CV06824, and was removed to federal court by the Defendant.


Missouri Auto Negligence Law: Key Points

Here's a breakdown of key points regarding Missouri auto negligence law:

1. Comparative Fault:

Pure Comparative Fault: Missouri follows a pure comparative fault system. This means even if you were partially at fault for the accident, you can still recover damages, proportionate to the other party's degree of fault.
Example: If you're found 30% responsible for the accident and the other driver is 70% responsible, you can recover 70% of your damages from the other driver.

2. Burden of Proof:

To recover damages, you must prove the other driver was negligent and their negligence caused your injuries.
Proving negligence involves demonstrating four elements:
Duty of care: The other driver owed you a duty to act reasonably under the circumstances.
Breach of duty: The other driver breached their duty of care by acting negligently.
Causation: The other driver's breach of duty directly caused your injuries.
Damages: You suffered actual damages (e.g., medical bills, lost wages, pain and suffering) as a result of the accident.

3. Statute of Limitations:

You have five years from the date of the accident to file a lawsuit for personal injury claims.

4. Additional Points:

Comparative negligence applies to multiple parties: In accidents involving multiple drivers, each party's share of fault is determined and damages are adjusted accordingly.
Missouri Traffic Laws: Following traffic laws strengthens your case by demonstrating your adherence to the standard of care.
Seeking Legal Counsel: Consulting an experienced Missouri auto accident attorney is crucial for navigating the legal complexities and maximizing your compensation.

Disclaimer: This information is for general knowledge only and does not constitute legal advice. Please consult with a qualified attorney in Missouri for specific legal guidance regarding your situation.

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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